Notwithstanding the provisions of §441.101 of this title (relating to Definitions), the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Abuse--An intentional, knowing, or reckless act or omission by a counselor, applicant for counselor licensure, counselor intern, certified clinical supervisor, clinical training institution, or personnel of any such person that causes or may cause death, emotional harm or physical injury to a client. Abuse includes, without limitation, the following:(A) any sexual contact, sexual exploitation, or indecent exposure between a counselor, applicant for counselor licensure, counselor intern, certified clinical supervisor, clinical training institution, or personnel of any such person, and a client, or as otherwise defined in this section;(B) corporal punishment or physical assault;(C) nutritional deprivation or sleep deprivation;(D) efforts to cause fear;(E) the use of any form of communication to threaten, curse, shame, or degrade a client;(F) restraint that does not conform with Chapter 448 of this title (relating to Standard of Care);(G) coercive or restrictive actions taken in response to a client's request for discharge or refusal of medication or treatment that are illegal or not justified by the client's condition; and(H) any other act or omission classified as abuse by Texas law, including, but not limited to, Texas Family Code, §261.001 and Texas Human Resources Code, §48.002.(2) Accredited institution of higher education--An institution that holds accreditation or candidacy status from an accreditation organization recognized by the Council for Higher Education Accreditation.(3) Act--Texas Occupations Code, Chapter 504, Chemical Dependency Counselors.(4) Administrative Hearing--A contested case hearing conducted by the State Office of Administrative Hearings (SOAH) under Texas Government Code, Chapter 2001, Administrative Procedure Act.(5) Administrative Law Judge--An individual appointed by the chief administrative law judge of SOAH under Texas Government Code, §2003.041, to preside over a contested case proceeding.(6) Administrative Procedure Act (APA)--Texas Government Code, Chapter 2001, as amended.(7) Adolescent--An individual 13 through 17 years of age whose disabilities of minority have not been removed by marriage or judicial decree.(8) Adult--An individual 18 years of age or older, or an individual under the age of 18 whose disabilities of minority have been removed by marriage or judicial decree.(9) Advanced Practice Nurse--A registered nurse currently licensed in Texas who is approved by the Texas Board of Nursing to engage in advanced practice.(10) Applicant--A person who has submitted an application for an initial, or for the renewal of, a license, certification, or registration.(11) Assessment--An ongoing process through which the counselor collaborates with the client and others to gather and interpret information necessary for developing and revising a treatment plan and evaluating client progress toward achievement of goals identified in the treatment plan, resulting in comprehensive identification of the client's strengths, weaknesses, and problems/needs.(12) Career School or College--An organization approved and regulated by the Texas Workforce Commission, pursuant to